UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – In General; Prima Facie Case

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In order to prove a violation of the duty of fair representation, the charging parties must show that the employee organization's conduct was arbitrary, discriminatory or in bad faith (citation); p. 15, proposed dec. Disparaging remarks about an employee to an employer by the exlusive representative lend support to an inference of unlawful motivation, but the statements themselves do not constitute an independent violation of EERA; p. 18, proposed dec. Duty of fair representation does not extend to pre-collective bargaining agreement events; p. 21, proposed dec. There is no duty of fair representation owed to a unit member unless the exclusive representative possesses the exclusive means by which such employee can obtain a particular remedy (citation); id., p. 22. Allegations of violation of general CBA provisions are insufficient to such employee can obtain a particular remedy (citation); id., p. 22. Allegations of violation of general CBA provisions are insufficient to